On March 27, 2026, the Decree amending, adding, and revoking various provisions of the Regulations of the Federal Law to Prevent and Identify Transactions with funds from Illegal sources (LFPIORPI, for its acronym in Spanish or the "Law") was published, which entered into force the day after its publication introducing relevant modifications to the secondary anti-money laundering (AML) regulatory framework, in order to align it with the amendments to the LFPIORPI, in force since July 17, 2025.
The most relevant modifications include the following:
- Politically exposed persons (PEP)
The regulations incorporate the concept of "List of politically exposed persons" along with a new Chapter Six Bis, establishing that such list will be drawn up based on the list of public officials referred to in the 68th of the general provisions referred to in Article 115 of the Credit Institutions Law and its correlatives applicable to other Financial Institutions and, where appropriate, with the information provided in terms of the second paragraph of Article 51 Ter of the Law. The amendment also includes the possibility of making inquiries to the Financial Intelligence Unit (UIF, for its acronym in Spanish) regarding PEPs.
2. 24-hour notice
With regard to the requirement to file a 24-hour notice in cases of suspicious transactions or indications that the resources related to the acts or transactions may originate from or be intended for the commission of Crimes of Operations with Sources of Illicit Origin, an article is added to the regulations to specify that such notice must be filed, even if the act or operation has not taken place and only the data identifying the person who attempted to carry it out is available.
3. Development of verification visits, information requests and imposition of administrative sanctions
In line with the amendment to the Law, which adjusted the applicable legal framework that regulates the development of verification visits and the information requirements carried out by the authority to verify compliance with the AML obligations, Articles 8 and 9 of the Regulations are amended to include clarifications, specific deadlines and formalities for the imposition of penalties for non-compliance, expressly stating that they shall not be enforced in accordance with the sanctioning procedure established in the Federal Law of Administrative Procedure, but rather in accordance with the provisions of the Law and its regulations.
4. New sources of information in verification procedures
One of the most relevant changes is that now the facts that are known due to the exercise of verification faculties carried out by the authorities or that appear in files, documents or databases to which the Tax Administration Service (SAT, for its acronym in Spanish) has access to, as well as those provided by other authorities, may be used as the basis of their resolutions.
The foregoing, without the SAT being compelled to demonstrate which databases it consulted. Additionally, in cases where other authorities provide information, files or documents to the SAT, the verified obligated subject will be granted a period of ten business days to present his or her case, which will be part of the corresponding administrative record.
5. Factors to determine the date of an act or transactions
For purposes of the identification of a person as clients or users, as well as for the submission of notices, the regulations modify the date on which acts or transactions related to vulnerable activities are considered to have been carried out, no longer relying on the date of execution and instead establishing that it shall be the date provided for in the general provisions applicable to each vulnerable activity.
The criteria related to Vulnerable activities of (i) foreign trade services and (ii) leasing operations were not modified; while, in the case of the activities of granting mutual, loans or credits, it is now specified that the act or transaction will be considered carried out, when the resources are made available to the person Client or User.
6. Prohibitions on the Use of Cash and Metals
With regard to the prohibition on the use of cash and precious metals to comply with obligations in certain transactions established by the Law, the Regulation specify that, in the assessment of the amount or the value of acts or transactions described in Article 32 of the LFPIORPI, taxes, duties and other ancillary charges corresponding to those transactions must be taken into account, which were not included prior to the reform.
Furthermore, the concept of consignment is incorporated into the provisions that regulate the prohibition on the use of cash, foreign currency or precious metals as means of settling obligations in certain transactions.
7. Exceptions to impose sanctions
In terms of facilities for the authority to refrain from imposing penalties for non-compliance with AML obligations, a new article is added to the regulations to establish the procedure in which the express recognition of the infringements will be carried out, specifying that a written submission must be filed to the SAT, clearly describing the breaches committed, indicating the transaction or the period in which compliance was required, and declaring, under oath, that such faults have already been corrected or remedied, including supporting documentation.
Finally, it is also stated that, in order to apply for these benefits, the obligated subject must comply with the applicable general provisions.
It is important to note that as of the date of this document, the General Rules have not yet been published; these rules will complement the applicable regulations to these AML matters.
As always, the Tax and Legal professionals of KPMG Mexico, through the Legal Services Practice, particularly the Corporate Legal area, are fully available to work together with you to support in the analysis of the potential implications that would arise from the entry into force of this reform to the LFPIORPI regulations.
